[WSBARP] Prescriptive Easement for a Well?

[Roger Hawkes]

In most cases that will be true; but the permission can be altered later by user asserting a ‘right’.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Rich Holland [mailto:rich at pnwle.com]
Sent: Thursday, April 16, 2015 2:18 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Prescriptive Easement for a Well?

I don’t know the answer to that specifically but you can’t have adverse or prescriptive claims if they began permissively.

Thank you,

Rich Holland

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, April 16, 2015 1:59 PM
To: wsbarp
Subject: [WSBARP] Prescriptive Easement for a Well?

I have a prospective client up here in Jefferson County who owns a parcel which is fed water from a neighboring parcel. The PC has owned the parcel for 15 years and has used that well for the full 15 years. Now, the PC wants to sell the property but there is no recorded well agreement or easement to the benefit of the PC's property. The neighbor is now demanding $10,000.00 from PC to sign a well agreement.

My question: does Washington State recognize a prescriptive right to access a well? Any alternative routes that members of this listserv can think of?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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